Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court grants anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, three brothers from Gaya district, sought anticipatory bail fearing arrest in a case (PS No. 95 of 2024) alleging assault on the informant's brother under several sections of the Bihar Negotiable S. They claimed innocence, clean antecedents, and that the injuries were minor. The State opposed bail but acknowledged the petitioners' clean records and that other co-accused had already received anticipatory bail. The High Court considered the nature of the injury, the petitioners' clean antecedents, and the precedent of bail to co-accused, and decided to grant anticipatory bail. The court ordered release on bail within six weeks upon furnishing a bond of Rs.10,000 with two sureties and imposed standard bail conditions under Section 482(2). The order reflects the court's discretion to prevent undue hardship while ensuring compliance with procedural safeguards.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
Subjects
- anticipatory bail
- criminal procedure
- clean antecedents
- injury assessment
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17664 of 2026
Arising Out of PS. Case No.-95 Year-2024 Thana- MAIGRA District- Gaya
======================================================
1. Niraj Kumar S/o- Ashok Das Vill- Sewati Tola Bara PS- Suhail Dist- Gayaji
2. Surendra Das S/o- Late Ramswarup Das Vill- Sewati Tola Bara PS- Suhail
Dist- Gayaji
3. Rohit Das @ Rohit Kumar S/o- Surendra Das Vill- Sewati Tola Bara PS-
Suhail Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Maigra P.S. Case No. 95 of 2024 for the
offence punishable under sections 352, 329(1) 126(2), 115(2),
117(2), 109, 3(5) of the BNS lodged on 07.12.2024 by the
informant.
3. As per the prosecution case, the allegation against
the petitioners is that they assaulted the brother of the informant,
namely, Yugesh Das, on some petty issues. Accordingly, the
FIR.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.17664 of 2026(2) dt.25-03-2026
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they have not committed any offence as alleged and the
petitioners along with their whole family have falsely been
implicated in this case due to oblique motive. From the injury
report, it is evident that the injuries sustained by the informant’s
brother, Yugesh Das, is simple in nature caused by hard and
blunt substance. The female members, who were made accused
in this case, have already been granted anticipatory bail by the
learned Trial Court itself vide ABP No. 295 of 2025 on
09.12.2025. Lastly, it has been submitted that the petitioners
have got clean antecedent.
5. Learned APP opposes the prayer for anticipatory
bail, however, concedes that the petitioners have got clean
antecedents and the other co-accused persons have already been
granted anticipatory bail by the learned Trial Court itself.
6. Considering the nature of injury which is found to
be simple in nature, the petitioners have got clean antecedents
and the other co-accused persons have already been granted
anticipatory bail by the learned Trial Court itself, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Patna High Court CR. MISC. No.17664 of 2026(2) dt.25-03-2026
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Rs. 10,000/- (Ten thousand) each with two sureties of like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Sherghati, Gaya/the court concerned in connection
with aforesaid PS Case, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
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